Sr. No. 25 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No.129/2026 Girdhari Lal …..Petitioner(s)

Through: Mr. Rajnesh Singh Parihar, Advocate Vs Power Grid Corporation Of India Ltd. .…. Respondent(s)

TH Its Executive Director, Jammu and others Through: Mrs. Monika Kohli, Sr. AAG for R-4 Coram: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

ORDER

15.01.2026

1. It is the specific case of the petitioner that the respondents have installed a transmission tower on his land falling under Khasra No. 1084/495 min., situated at Bhagna Padyarna, Tehsil Nagseni, District Kishtwar, for which compensation has already been paid to him. However, the respondents, without resorting to due process of law, have started passing high-tension transmission wires over the petitioner’s land falling under Khasra Nos. 498, 504 min. and 1084/495 min., over which the petitioner has a residential house and fruit-bearing trees. Learned counsel for the petitioner submits that in terms of Section 68 of the Electricity Act, 2003, the respondents are under a statutory mandate that in case the laying of transmission wires interrupts or affects any structure, tree, or object coming underneath the transmission line, the interested person is entitled to reasonable compensation under the said provision. Despite the representation made by the petitioner, the respondents have taken no action and are adamant about laying the transmission line over the petitioner’s land without addressing his grievance. It is further submitted that the matter can be disposed of at this stage by directing the respondents to fulfil their legal obligation.

2. Having gone through the petition and the material annexed thereto, and since the laying of the transmission line is not in dispute, the issue that arises for consideration is limited to whether the respondents, before laying the transmission line over the petitioner’s land, are required to pay the requisite compensation in view of the representation already submitted by the petitioner before the Deputy Commissioner, Kishtwar, on 01.01.2026, which is stated to have been received by his office. Given the nature of the controversy involved, once the transmission tower has already been installed over the petitioner’s premises and compensation paid therefor, the laying of overhead transmission lines is only a sequential step. In case, while laying such overhead transmission lines, any property of the petitioner comes underneath the same, the petitioner is required to be duly compensated, as the presence of high-voltage transmission lines is bound to significantly reduce the value and utility of the land, thereby resulting in financial loss to the petitioner.

3. Keeping the aforesaid aspects in view, the petition is disposed of with a direction to the respondents to treat this petition as a representation and proceed to consider and dispose of the same in accordance with law, in a time-bound manner, so that the public work does not get hampered and the petitioner is not deprived of his property without being suitably compensated. The petitioner shall present a copy of this petition before respondent Nos. 1 to 4 through respondent No. 4, and the same shall be considered and disposed of within a period of three months from the date of passing of this order, strictly in accordance with law. The petition stands disposed of accordingly.

(Sanjay Parihar)

Judge Jammu

15.01.2026 Mahavir